M 08-05-85TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
AUGUST 5, 1985
TOWN COUNCIL
The Town Council and the Parking Authority met in a joint meeting in the Council
Chambers of the Town Hall at 7:30 p.m., in regular session.
ROLL CALL
PRESENT: Eric D. Carlson, Thomas J.Ferrito and Mayor Joanne
Benjamin.
ABSENT:Terrace J. Daily and Brent N. Ventura.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
EXECUTIVE SESSION
Town attorney Levinger reported that immediately following the July 15th, 1985
Council meeting, Council met in executive session and discussed the acquisition
of 20 Grays Lane. No action was taken.
EX-AGENDA ITEMS
Acting Town Manager stated the following items should be added to the agenda:
29 a. Schedule of Public hearings
30 a. July 19, 1985 payroll and Police uniform payroll of July 26, 1985.
45. Appointment to Measure A Traffic Authority Policy Board.
PRESENTATIONS
Mayor Benjamin presented Resolution of Commendation to Jill Cody, former
Director of Community Services.
Mayor Benjamin presented Resolution of Commendation to Lucille Hogan for her
services as a member of the Los Gatos Cultural Commission.
BID AWARD FOR STORM DRAIN PROJECT 315
It was noted that four bids had been received ranging from low bid of $47,543.00
with alternate of $46,688.00 to high bid of $97,180.00 with alternate of
$96.838.00. Discussion was held re alternate bids. Engineer Ron Zapf
answered questions of Council. Mr. Ferrito moved to accept staff
recommendation and award the contract to Wingard & Seerley General
Construction in the amount of $46,688.00 (Alternate); authorize the Mayor to
sign the contract on behalf of the Town and approve a supplemental
appropriation of $37,000 from Storm Basin #1, $11,000 from Storm Basin #2 and
$3,500.00 from Sanitary Sewer Fund. Mr. Carlson seconded. Carried
unanimously.
COMMUNICATIONS
a.Letter from Carolyn and William Colton re Cable and Garbage Franchises.
Mr. Carlson moved this communication be referred to acting Town Manager for
response. Mr. Ferrito seconded. Carried unanimously.
b.Letter from George Staykow of Los Gatos Jaycees re signs for Fiesta de
Artes. Mr. Carlson moved this communication be referred to Town Engine and
Director of Parks, Forestry and Maintenance for a report on August 19, 1985.
Mr. Ferrito seconded. Carried unanimously.
c.Letter from Larry Arzie regarding his concerns on various problems in Los
Gatos. Mr. Carlson moved this letter be referred to Acting Town Manager for
response. Mr. Ferrito seconded. Carried unanimously.
d.Letter from Mme Yvette opposing the Parking Program and complaint re
garbage cans located at the Burger Pit. Mr. Carlson moved letter be referred to
Acting town Manager for response. Mr. Ferrito seconded. Carried unanimously.
PARKING COMMISSION REPORT
Informational report for Council.
NOTICE OF COMPLETIONS
Mr. Carlson moved Council accept Certificate of Acceptance and Notice of
Completion for the following; 126 Alpine Avenue (Orphan) and Project 303 Slurry
Seal; authorize the Mayor to execute said documents on behalf of the Town. Mr.
Ferrito seconded. Carried unanimously.
YOUTH SCIENCE INSTITUTE 10 K RACE
Mr. Carlson moved contingent upon police department approval of final plans,
Council approve the request of the Youth Science Institute to hold the second
annual 10-kilometer run on Sunday, September 15, 1985. Mr. Ferrito seconded.
Carried unanimously.
ST. MARY'S REQUEST FOR BANNERS
Mr. Carlson moved to deny the request for a banner across Santa Cruz Avenue.
Stating the Town's policy prohibits having banners strung across streets due to
the liability involved and the potential damage to electroliers, etc. Mr. Ferrito
seconded. Carried unanimously.
PROJECT 318 UNDERGROUND UTILITY DIST. 85-1
Mr. Carlson moved for adoption of Ordinance No. 1660 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO. 85-1, PROJECT NO. 318, IN THE
VILLAGE LANE (SARATOGA AVENUE TO BACHMAN AVENUE) AREA. Mr.
Ferrito seconded. Carried unanimously.
PROJECT 319 UNDERGROUND UTILITY DIST. 85-2
Mr. Carlson moved for adoption of Ordinance No. 1661 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO. 85-2, PROJECT 319, IN THE
SOUTH SANTA CRUZ AVENUE (WOOD ROAD TO BROADWAY AVENUE)
AREA. Mr. Ferrito seconded. Carried unanimously.
PROJECT 320 UNDERGROUND UTILITY DIST. 85-3
Mr. Carlson moved for adoption of Ordinance No. 1662 entitled, AN
ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO. 85-3, PROJECT 320, IN THE
NORTH SANTA CRUZ AVENUE (BLOSSOM HILL ROAD TO ANDREWS
STREET) AREA. Mr. Ferrito seconded. Carried unanimously.
COUNTY REFERRALS
Mr. Carlson moved to accept staff recommendation on the following:
2574-34-41-85LA 21569 Mary Alice Way Monday lot
line adjustment No comment.
1423-34-51-85B-85G-85DR 4930 Shannon Road Strangio resubmittal
Council should indicate that the revised plans meet the Town's concerns and that
the Town is no longer opposed to the application.
2505-34-50-85DR-85V-85SP Deerpark Rd. Carbone Variance
and special permit Council request denial.
Mr. Ferrito seconded. Carried unanimously.
STOP SIGN REPORT
Informational report for Council.
STOP SIGN AT FERRIS & SPENCER AVENUES
Mr. Carlson moved to deny the request to install a three-way stop at the
intersection of Ferris Avenue and Spencer Avenue and adopt Resolution No.
1985-115 entitled, A RESOLUTION DESIGNATING A VEHICULAR STOP ON
SPENCER AVENUE AT FERRIS AVENUE. Mr. Ferrito seconded. Carried
unanimously.
PARK BOND 85-86 TAX RATE
Mr. Carlson moved for adoption of resolution No. 1985-116 entitled, A
RESOLUTION OF THE TOWN OF LOS GATOS FIXING BOND SERVICE TAX
RATES FOR FISCAL YEAR 1985-86. Mr. Ferrito seconded. Carried
unanimously.
COMPENSATION ACTING TOWN MANAGER
Mr. Carlson moved for adoption of Resolution No. 1985-117 entitled, A
RESOLUTION ESTABLISHING COMPENSATION FOR ACTING TOWN
MANAGER. Mr. Ferrito seconded. Carried unanimously.
HEALTH BENEFITS TREASURER'S OFFICE
Mr. Carlson moved Council approve a supplemental appropriation from the
General Fund Reserve to the Treasurer's office in the amount of $2,099 for
health and dental benefits for the Town Treasurer. Mr. Ferrito seconded.
Carried unanimously.
AMENDMENT TO HOURLY EMPLOYEES SALARY SCHEDULE
Mr. Carlson moved for the adoption of Resolution No. 1985-118 entitled,
AMENDING RESOLUTION NO. 1985-103 SETTING HOURLY EMPLOYEES
SALARIES FOR FISCAL YEAR 1985-86. Mr. Ferrito seconded. Carried
unanimously.
COMPENSATION FOR COMMUNITY SERVICES SPECIALIST
Mr. Carlson moved for adoption of Resolution No. 1985-119 entitled, A
RESOLUTION ESTABLISHING COMPENSATION FOR COMMUNITY
SERVICES SPECIALIST. Mr. Ferrito seconded. Carried unanimously.
4TH QUARTER POLICE REPORT
Informational report for Council.
TREE HAZARD 16921 SPENCER
Mr. Carlson moved to accept staff recommendation as follows:
a. Retention of the trees in question.
b. Enlarge the planter pockets to allow for surface water penetration and oxygen
exchange.
c. Selective root pruning.
d. Replace uplifted sidewalk squares.
Mr. Ferrito seconded. Carried unanimously.
PLANNING MONTHLY REPORT
Informational report for Council.
MONTHLY REPORT ON SECONDARY DWELLING UNIT PERMITS
Informational report on secondary dwelling unit permits for the period of July 1,
through July 29, 1985.
ORDINANCE REGULATING RENT INCREASES TO MOBILE HOME PARK
RESIDENTS
Mr. Carlson moved for adoption of Ordinance No. 1663 entitled, ORDINANCE
OF THE TOWN OF LOS GATOS AMENDING THE RENT MEDIATION AND
DISPUTE ORDINANCE TO REGULATE RENT INCREASES TO NEW MOBILE
HOME PARK RESIDENTS. Mr. Ferrito seconded. Carried unanimously.
AGREEMENT ANGUS NELSON, LTD. SECONDARY UNITS INSPECTION
SERV.
Mr. Carlson moved for adoption of Resolution No. 1985-120 entitled,
AUTHORIZING THE ACTING TOWN MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH ANGUS NELSON, LTD. (for securing
inspection services for the implementation of the Secondary Dwelling Unit
Ordinance). Mr. Ferrito seconded. Carried unanimously.
SUPPLEMENTAL APPROPRIATION FROM REVENUE SHARING BALANCE
Mr. Carlson moved to accept staff recommendation and approve two
supplemental appropriations from the General Revenue Sharing balance as
follows:'
Teen Health Place $520.00
Jack G. Parsons 402.84
Mr. Ferrito seconded. Carried unanimously.
SENATE PROPOSAL RE MEDICARE/SOCIAL SECURITY
Mr. Carlson moved Council authorize the Mayor to contact U.S. Senators Wilson
and Cranston and U.S. Representative Mineta of Council's opposition to a plan
for mandatory State and Local Government employee medicare and/or Social
Security coverage. Mr. Ferrito seconded. Carried by vote of 2 ayes. Mr. Ferrito
abstained.
SENIOR CENTER BOND ACT FUNDS
Mr. Carlson moved for adoption of Resolution No. 1985-121 entitled,
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDS FOR
THE SENIOR CENTER BOND ACT. (This authorizes the Acting Town Manager
to submit a proposal for Senior Center Board Act funding. Approximate amount
requested would be $56,000 to be used for renovation work on the Neighborhood
Center and the acquisition of audio-visual equipment often requested by center
users). Mr. Ferrito seconded. Carried unanimously.
SCHEDULE OF PUBLIC HEARINGS
Information for Council on the schedule of upcoming public hearings.
MINUTES JULY 15, 1985
Mr. Carlson requested amendment to the minutes of July 15, 1985 as follows:
Page 5 - subject - MOBILE HOME PARK RENT INCREASE last sentence should
read "Mr. Carlson voted no as he believes that the original Rent Advisory
Commission consensus recordation is the one council should have adopted and
Mr. Ferrito was absent". Mr. Carlson moved minutes be approved as corrected.
Mrs. Benjamin seconded Carried by vote of two ayes. Mr. Ferrito abstained.
JULY 19, 1985 PAYROLL & POLICE UNIFORM PAYROLL JULY 26, 1985
Mr. Carlson moved for approval of the July 19, 1985 payroll in the amount of
$128,500.51 and July 26, 1985 Police uniform payroll in the amount of
$22,750.00. Mr. Ferrito seconded. Carried unanimously.
COMMUNICATIONS (for action)
a.Chamber of Commerce communication re lifting of Sunday afternoon
parking restrictions of N. Santa Cruz Avenue. Police Chief acosta spoke on this
issue stating he feels lifting the restrictions now would be premature and should
remain as is until after school begins. After further discussion Mr. Carlson moved
Council deny the Los Gatos Chamber of Commerce Business Promotion
committee's request to rescind the Sunday afternoon parking ban, at this time,
and Chief Acosta review and report to council after school) convenes. Mr. Ferrito
seconded. Carried unanimously.
b.Communication from Interaction re appeal of Building Official's decision re
handicap access requirements on building at 812 Pollard Road. Mr. Carlson
moved Council set public hearing for September 16, 1985 to consider an appeal
of the Building Official's decision regarding handicap accessibility t property
located at 812 Pollard Road. Mr. Ferrito seconded. Carried unanimously.
c.Communication from Jim Lewis re sidewalk replacement on N. Santa Cruz
Avenue between Main and Bean Streets. Mr. Carlson moved that Town
Engineer meet with Mr. Lewis and that no work begin on the project until the
meeting takes place and the concerns of Mr. Lewis are addressed. Mr. Ferrito
seconded. Carried unanimously.
PROJECT 316 BLOSSOM HILL RD. IMPROVEMENTS
Mayor Benjamin stated this was the time and place duly published for public
hearing on the project 316, Pedestrian and bicycle safety improvements along
Blossom Hill Road between Blossom Hill Park and Meadowbrook Drive. Town
Engineer Ron Zapf gave summary of what is proposed for the improvements and
answered questions of Council re installation of guardrails. Speaking on this
issue were Jerry Polen; Shirley Wimmer; Bob Wimmer; Pat Pia and Irene Gist.
After further discussion and there being no one else in the audience wishing to
speak on this issue, Mr. Carlson moved hearing be closed. Mr. Ferrito
seconded. Carried unanimously. Mr. Carlson stated after hearing testimony, he
feels a need to address the concerns of people in the area. It was consensus of
Council to send this back to staff for further study and redesign of the project,
based on input received from residents in the area.
WEED ABATEMENT 1985-86
Mayor Benjamin stated this was the time and place duly published for public
hearing on the proposed weed abatement charges for 1985-86. Town Engineer
summarized the procedure re the weed abatement program. There being no one
from the audience wishing to speak on this issue, Mr. Ferrito moved public
hearing be closed. Mr. Carlson seconded. Carried unanimously. Mr. Ferrito
moved for adoption of Resolution No. 1985-122 entitled, A RESOLUTION
ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY AND
SHOWING AMOUNT OF WEED ABATEMENT CHARGES TO BE COLLECTED
ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF
SANTA CLARA, FOR THE FISCAL YEAR 1985-86. Mr. Carlson seconded.
Carried unanimously.
APPEAL - 718 UNIVERSITY AVE. GUADALUPE RUBBISH DISPOSAL
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the appeal of Planning Commission's decision to deny
planned development application for an industrial project on Guadalupe Rubbish
Disposal property at 718 University Avenue (Z-84-6). Bill Cooper, developer,
spoke to Council on the reason for the appeal and stated they were looking for
direction from Council as to allowable type of building, size of project and design.
Also speaking on this was Architect Paul McAllister and one of the owners
Dennis Varni. Discussion was held re grading, traffic generation and height of
building with Planning director and Engineer answering questions of Council.
After further discussion and no one else wishing to speak on this issue, Mr.
Ferrito moved public hearing be closed. Mr. Carlson seconded. Carried
unanimously. After further discussion Mr. Ferrito moved to refer this back to
Development review Committee and instruct the staff to arrange for a field trip to
the site, primarily for the Planning commission, and arrange it so a significant
number of Planning Commission can attend and also advise Councilmembers of
when the field trip would take place. Mr. Carlson seconded if motion can include
that staff address the issues re traffic generation and height of building. Mr.
Ferrito accepted amendment to motion. Motion carried unanimously.
AMENDMENT OF SECONDARY DWELLING UNIT PERMIT FEES
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider an amendment of fees for Secondary Dwelling Unit permits.
Mr. Carlson moved this item be continued to September 3, 1985 to allow a full
Council to hear the matter. Mr. Ferrito seconded. Carried unanimously.
APPEAL - LOS GATOS SCHOOL DISTRICT 16555 SHANNON RD.
Mayor Benjamin stated this was the time and place duly published for public
hearing to consider the appeal of Planning Commission's action to reaffirm
approval of Los Gatos Union School District Conditional Use Permit Application
U-81-13. Property located at 16555 Shannon Road. As requested by Wesley K.
Walton, District Superintendent, Los Gatos Union School District, Mr. Ferrito
moved this be continued to September 3, 1985 to allow a full Council to consider
the matter. Mr. Carlson seconded. Carried unanimously. Manuel Peters, stated
he was present to speak on this issue, but would await the meeting of September
3, 1985 to give his testimony.
APPEAL - 400 BLOSSOM HILL RD.
Mayor Benjamin stated this was the time and place duly noted for continued
public hearing on said appeal. Mr. Carlson moved to grant request of Mr. Wm.
Higgins that this be continued to September 3, 1985 to allow a full council to hear
the matter. Mr. Ferrito seconded. Carried unanimously.
COMPLAINT VILLA VASONA SETTLEMENT AGREEMENT
Council received report from Town Attorney in answer to letter of complaint from
Mrs. McClure re Villa Vasona and various issues regarding the settlement
agreement with the Town. Town Attorney referred to report as did the acting
Town Manager. It was stated that staff has been sent to investigate violations
and a report will be brought back to council at a later date. Mr. Ferrito moved to
accept the Attorney's report and instruct staff to investigate complaints and have
report to Council on August 19, 1985. Mr. Carlson seconded. Carried
unanimously.
LIBRARY BOARD MEMBERSHIP
It was reported by staff that given the provisions of the Education Code, Council
needs to reconsider the appointments made to the Library Board on July 15,
1985 and limit the number to two appointees. Mr. Carlson moved Council inform
the three individuals appointed to the Library Board at the meeting of July 15,
1985 of the provision of the Education Code and that Council reconsider the
appointments at the meeting of September 3, 1985. Mr. Ferrito seconded.
Carried unanimously.
OCCUPANCY OF 210-220 MILBRAE
Mr. Carlson moved for adoption of Resolution No. 1985-123 entitled,
RESOLUTION APPROVING THE AGREEMENT WITH REGENCY MONARCH/
MILLBRAE ASSOCIATION and authorize the Mayor to execute said agreement
in behalf of the Town. Mr. Ferrito seconded. Unanimously carried. Dave
Lazares, representing Regency Monarch/Millbrae Assoc. spoke on the issue.
CULTURAL COMMISSION BROCHURE
Mr. Ad Klein, member of the Los Gatos Cultural Commission spoke on proposed
brochures that will be distributed as fliers in the Los Gatos Weekly newspaper
and the need for the request of $550.00 to cover the cost. Council reviewed the
proposed brochure and recommended changes. These changes as proposed by
Council will be made and brought back for Council consideration re mailing and
cost.
CREATING A RENTAL ADVISORY COMMITTEE
Harreyette Shuell spoke on this issue and answered questions of Council re the
need for this formal process and how committee will be appointed. After
discussion on process of appointments Mr. Carlson moved for adoption of
Resolution No. 1985-124, entitled, A RESOLUTION ESTABLISHING THE
TOWN OF LOS GATOS RENT ADVISORY COMMITTEE (RAC). Mayor
Benjamin seconded. Carried by vote of two ayes. Mr. Ferrito voting no, due to
his concerns of membership positions being to exclusionary.
NOISE ORDINANCE AMENDMENT
Council received report from Planning Commission requesting that the Town
Council amend the Town's Noise Ordinance (Chapter 11 of the Town Code) to
specify that the sound from an outdoor loudspeaker or paging system not exceed
50 dba at the property line and to have the Police Department develop a
procedure for the enforcement along the lines suggested by the Noise
Abatement Committee. Planning Director Bowman spoke on the
recommendation as proposed by the Noise abatement would have on other
businesses and various school events. After further discussion Mr. Carlson
moved to direct staff to make survey or study of the various businesses and
events where outdoor loudspeakers are used and incorporate this into a report
for Council consideration. Mr. Ferrito seconded. Carried unanimously.
IMPLEMENTATION OF ZONE FOR MOBILE HOME PARKS
Planning Director Bowman reported, to Council, that the Housing Element of the
General Plan has section that states, whereas the Town will prepare a special
zone for Mobile Home Parks. To implement this, Planning needs direction from
the Council to start these proceedings. After some discussion Mr. Ferrito moved
Council direct Planning Commission to hold necessary hearings and prepare
appropriate Ordinance for Council consideration within 60 days. Mr. Carlson
seconded. Carried unanimously.
TRAFFIC AUTHORITY POLICY ADVISORY BOARD
Mr. Carlson moved to appoint the Mayor to Measure A Traffic Authority Policy
Advisory Board. Mr. Ferrito seconded.
ADJOURNMENT
Mayor Benjamin declared the meeting adjourned at 10:10 p.m.
ATTEST:
Rose E. Aldag
Town Clerk